but meet us now on greta wire. i put a thread up about the irs. it is the scandal blowing up or blowing over? we'll see you again tomorrow night. ne again tonight at 8:00. >> hello, i'm dana perino, along with around, bob beckel, eric boling and greg gutfeld. this is the five. >> dana: he has the right remain silent and the woman in charge that targeted conservative groups exercised that right. in a carefully statement. she invoked the fifth amendment while denying doing any wrongdoing. >> i have not done anything wrong. i have not broken any laws. i have not violated any irs rules or regulations. after very careful consideration

i have decided to follow my counsel's advice and not testify or answer any of the questions today. >> dana: so as you can imagine, some lawmakers couldn't believe what they were hearing. >> you don't get to tell your side of story and not be subjected to cross-examination. that is not the way it worked. she waived the right of the fifth amendment privilege by issuing an opening statement. she ought to stand here and answer questions. >> irony is inescapable she exercises her rights but won't stay here and answer questions about the constitutional rights of thousands of americans who were denied by their action. >> dana: so andrea, quite a turn around when lerner who worked with the communication team and act is under commissioner mill hero plant a question at a conference so get it out in the news and get it over. she was invoking her fifth amendment rights.

do they think they understand the depth of frustration with this testimony today. >> andrea: i do. i think it's terrible visual to invoke the fifth and bolt out the way she did. i thought jim jordan made the best point. there is no way they can claim incompetence but to calculating by planting that question. jim jordan linked it to benghazi and he said this is calculated colluded plotted by the administration. when she started talking and then invoked the fifth, she can't do that. she just waived her rights. darrell issa said she did. she lose her rights because she pulled that stunt and they may be able to bring her back. >> dana: one of the things next week congress will go out of town, it will be memorial day. it's going to last a week. sometimes scandals like this go away and evaporate, but i have a

feeling when members of congress go back to their districts next week and they have the townhall meetings they are going to get an earful from their constituents. >> eric: probably 245 of them probably will. the other balance, whatever of congress won't. i have a hunch we will stay on this. lerner taking the fifth, it's a alarming. she is taking it, why? because she wants to protect herself or she wants to protect the white house? does she have a fear for the white house or the fear from the white house? i think this is true. this is probably accurate. white house enemies' list. any question that the fox is on the list, i would say no. tea party irs clearly told they are on the enemies list. russ, sean and mark, conservative radio hosts they have to be the on list. a.p. was wiretapped.

information they were tapping the phone lines and then all the rest. >> dana: i understand from a legal perspective that a lot of lawyers including michael mukasey, they been counsel for her probably the best place for her personally was to take the fifth. from a political standpoint and communication standpoint what would your thoughts. >> bob: i would like to take the fifth because i didn't get my research done until about 30 seconds ago. here is the problem, i can't vote no regulations and didn't do nothing wrong and i want to invoke the fifth. maybe lawyers say she should but if she said i broke no laws, then how does that stand up? >> dana: greg, symptomatic of a bigger problem at the irs. >> greg: yes. when one thing happen that

exception two things happen that coincidence, three things happen its behavior. it all comes down to one thing, free speech. university irs skachbd basically punishing people that have certain beliefs. filmmaker because he made a movie that upset some people. rosen investigated which is an attack on free speech. the hypocrisy on the left, they don't like free speech. if you look at the free speech movement, it wasn't about free speech, it was about eliminating balance. so you could have more liberal free speech and you didn't need a republican or a conservative balance. so this irs mentality is coming from an administration which, bob, you are going to love this is an outgrowth of the campus. >> bob: exactly right. >> greg: it's free speech and it's pernicious poison throughout the administration and you are seeing it now and it's going to get worse.

she shouldn't plead the fifth. >> dana: i was surprised by this and taken aback and slightly offended by the tone. i want to play a s soundbite. former commissioner, douglas shulman, he actually said he went to the white house 118 times. listen to one of the reasons why. >> there might be many reasons you would be at the white house. what would be one of the reasons you would be at the white house? >> easter egg roll with my kids. [ laughter ] >> dana: when you get an invitation to easter egg roll. on a serious point. i talked to some folks that worked eight years in the bush administration, how many times have you met with the irs commissioner on average a year. one of them said zero, one said

maybe twice in eight years. 118 visits. now if you say, 80% of those were for obamacare implementation, what else are they going to talk about? zbloord. >> andrea: that is what i said earlier. what could they talk about. jason chaffetz asked the question that was most important today. he said, did you, when you asked the white house, talk about 501- cs. and he was like, i don't know, well, my memory doesn't serve me. i don't know. get the guys from ginko baloba. we can get you some too, bob. 132 times. members of congress called shulman to alert him of the problem and he never brought it up in 118 meetings. >> dana: let me pick up on that. you did congressional affairs. if you went up to capitol hill,

democrat or republican, i got this issue and got constituents, if you heard it more than twice, 132 times would you not raise alarm bells, excuse me, i think i have a problem here? >> bob: i never met the irs commissioner. >> dana: that was only later? >> bob: but the problem here is the politics of this just don't add up in people's minds. how much is spread around the country, i'm not seen polls of spreading but it will. >> dana: i was in memphis go it was one thing they really wanted to talk about. it was the totality of all all the scandals. one of the things they said to me, how can we ever trust if the irs were to call us the next six months, wouldn't you be on firm ground are you target me because i voted for romney or bush? >> eric: that is what i was wondering, too.

benghazi, no one knows who ordered the standdown. benghazi, no one knows who changed the talking points. irs we found out tv when you found out. department of justice after the a.p. and fox, well, that was because it was probably criminal activity. lerner saying she can't testify because she is taking the fifth. what is wrong with the truth? why can't we get the administration to come forward with the truth and let us decide who is right and who is wrong and why. the administration top down all through this lerner at the irs is hiding the truth. they don't want to know what is really going on. remember george orwell's 1984? that is exactly what this is. >> bob: this the benghazi issue. >> dana: do you think they need a special prosecutor look at this because the inspector

general, when he did his reported, he did an audit, not an investigation. he just found the facts, not how did we get to the facts. only an investigator could do that. he was asked today, did you ask anybody in your audit if they had talked to the white house. he says, no, i didn't. people thought that sounds crazy. i wonder if you think it's time for the fox not to guard the hen house and american people get serious answers. >> greg: you have officially broken the record for the world's longest question. >> dana: that honor goes to somebody else. >> greg: two points, "a", 118 times, there is an easter egg roll hunted every three days because they love their bunnies over there. this is the problem, liberals are saying what do you expect, the government isn't investigating groups that are anti-government. this is honest administration.

an honest administration cannot target critics because they obviously are not going to target friends. when this happens it's a huge deal. there has to be an investigation. the liberals should be screaming for an investigation because they won't always have a liberal in office. there will be a republican and you don't want to be audited, bob. >> bob: audits mean that it's management style in how things work. it's not how things got to be. >> dana: so do you agree there needs to be an investigation? >> bob: yes, sure i do. >> dana: a special prosecutor? >> bob: i think a special prosecutor makes sense. >> dana: up next, we told you obama's administration spied on james rosen now we are learning the monitoring went far beyond just james. even the "new york times" are concerned. that is like dogs and cats sleeping together. don't go away. ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ ♪ ♪ ♪ >> greg: turns out the obama administration looked at james rosen but also fox news executive phone records. kind of insulted i haven't been investigated. what am i doing right? the f.b.i. enabled government access to rosen's emails by signing an affidavit accusing him of a crime.

they essentially criminalizing active questions. and acorn and fast and furious and benghazi, what difference does it make is the rallying cry of the willfully ignorant. considering the overlooked corruption seems like a cop ignoring a riot to chase a jay walker. to calling him a co-conspire ser like chris matthews someone as unstable. it used to be us versus them. america versus it's enemies. remove the belief of greatness and you have progressive government and anything that stands in the way. enemies are not you and me and we are bigger problem than terror which is nothing more than workplace violence. anything that identified as evil on more likely to see evil anywhere. if we can blame a video we can find rosen guilty of him, too. i never liked him anyway because

he keeps staelg stealing my pens. not my depends. thank god they didn't tap your phones, they would hear jasper this or that. >> dana: now i never thought was james rosen was that interesting of a guys. i was press secretary when he was there and as a reporter and he was like a guy in the room. >> greg: just some guy. >> dana: we should tap his phones maybe he has some secret information. >> greg: he does a mean william shatner impersonation. >> dana: i do one two. >> bob: he wrote a about watergate that broke a lot of ground. >> dana: how ironic. >> bob: he is an investigative reporter. i thought i knew everything about watergate and i didn't. so i think was maybe

underestimated go rosen as a reporter. >> andrea: for the record. i find him wildly entertaining and wildly charming. >> bob: i wanted to make that pointed. >> dana: james i love that picture. >> bob: she doesn't mean that. >> andrea: isn't that point if you read the affidavit that the government was nervous was the way in which james was so kind and friendly to kim. if that is conspiracy because he is nice guy, he is a nice guy. it's not a criminal activity but take yourself back to what was happening when all of this was going on. three scandals. tea party rallies, the townhall meetings, christie had won in new jersey and scott brown and one. obamacare was happening. this were targeting whether it was the a.p. scandal when they

were going back to fast and furious or whether the irs. the same people that threatened their power. that is the common thread. >> bob: and this was about north korea. >> yeah, sure it was. >> eric: it was about the enemies' list. sending a clear signal they are stronger. >> bob: i'm talking about rosen. >> eric: i am, too. the department of justice to call rosen a co-conspirator. i read the search warrant. boxes checked, evidence of a crime checked. boxes checked. evidence of future crimes checked. intended information, material intended for use in a crime. punishable by up to ten years in prison. >> dana: every reporter in america should be guilty of the same thing. >> bob: he was doing his job.

>> it's far bigger. >> also on the north korea piece it wasn't just imminent threat to life. it's not like somebody had a source and terrorist there was going to be building attacked and trying to track that down to prevent loss of life. this about a nuclear weapons built in north korea. there didn't seem to be any reason. the judge has apologized for lack of transparency in the leak. the obama justice department should have to apologize for overreach for asking for the warranted in the first place. >> eric: so rosen is called a co-conspirator in this crime for asking questions and doing his job. yet when the "new york times" pouts puts on the front page details of the kill list, who gets killed and who doesn't. it's not investigated. the bin laden kill is leaked to every left wing media site first, there is no investigation. no one is going to jail for that. no one phones are taps.

>> greg: it's obama's aides and the media didn't seem to mind. >> andrea: if you look at all three scandals. the motive. does it lead to president obama's doorstep, we don't have a smoking gun but there is motive to do all three scandals. >> bob: can i make a point to this rosen thing. i want to make sure out clearly here. he wrote online on fox about the north korean program. so what ru suggesting, they went hunting for something? >> eric: i'm suggesting it had something to send a signal to fox, maybe not in the world of obama --. >> bob: is something else. >> hundred phone lines, why such a big net. if they are going after whistleblowers, why the media, why not the government

employees? why so big and vast for one story or two stories. >> greg: and it calls into the petraeus stuff. why was that happening. >> dana: how did it get revealed. >> greg: right after benghazi he had tho leave. >> bob: you are blaming obama administration for petraeus's affair. >> greg: but look at the timing. >> eric: to make this clear, all these leaks, rosen, north korea, the airliner and the ones that "new york times" got the killer, had to be leaked. someone had to get that. your times reporter a co-conspirator and should he be? >> that is the question, are they in the white house? >> bob: there is no reason for him to be brought up as a co-conspirator. and that will last in court in five minutes. >> greg: one thing, we learned

one thing, that dana can't stand james rosen. i thought we were a family here. coming up, the white house has identified 18 suspects who were involved in killing our ambassador and three other americans in benghazi. they don't want to kill them. they want to capture them and give them a civilian trial. more details on the five. ♪ ♪ ♪ ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ ♪ ♪ more mind numbing news on the benghazi investigation, our government has 18 quote

terrorists under surveillance in libya but we're not picking them up because the obama wants to try them in u.s. criminal courts and want to wait until they have enough evidence. i implore you to get the bad guys, drone their asses. coach roaches and lights are shining bright. let's hope your political correctness have begin a chance for the murder teors slip slew the cracks. we have 18 guys under surveillance, what are we waiting for? >> bob: the argument that was made about taking drones and taking people out, you weren't going to get enough evidence because you couldn't talk to them, right? or the argument was you don't want to ship them off to other countries where they have frankly illegal jails for interrogation. i think the only way to get the information is to put a case together and bring them back to

the united states and try them. how else are you going to do it? >> take them gitmo. we're spending $120 million upgrading it. >> bob: is that going to intelligence out of gitmo on a prosecution about this? >> don't you think that is why they aren't picking them up? because he says he wants to close gitmo. he tries them this in civilian court. he flip-flopped on that issue. they could argue we war. them because they will lead us to other intelligence sources. i am not buying it. what really is b.s., the "new york times" identified the culprits sitting at cafe drinking down to the detail, mango juice and issued, strawberry and were they monitoring their phones too. >> bob: they didn't have enough evidence to convict them.

>> greg: that is what is so confusing. bush is droning and administration is about erratic as lindsay lohan's heartbeat. none of these super sleuths were allowed to find out who pushed the video. >> the video maker is in court. he is rotting in jail. >> they are taking their time. glaciers move faster. >> eric: so according to the "new york times," president obama has his kill list and has whatever criterion. we are going to kill you via drone. >> bob: the fact is the drones we do not have military or assets on the ground where most of these people were killed in yemen or other places. >> let's remember -- >> we did. we found them and we killed them. >> bob: where did we find him? >> eric: in yemen.

>> bob: we do not have any intelligence. >> eric: we are following these guys. >> dana: one of these reasons we are in the position as soon as they changed positions on the youtube video and they said they were going to blame the youtube video, he was mad and f.b.i. couldn't get in there for three weeks. that is one of the reasons. this is all goes back to the that question of who pushed the video and why. >> there is another question. "washington post" is now questioning david petraeus's role. >> dana: you read the article and petraeus is the one to blame. blame the guy who basically got thrown out because of his own actions. who isn't willing to speak for himself. and through the whole article you don't get to the three questions -- where was president obama that night? three minute walk to the sit room. it's not irrelevant to the

people on ground and the ones continue to fight for our country. who ordered the standdown order? third one is how do you goat a youtube video as a defense? those are the three things. >> only thing that was credible is coming out of c.i.a. and it's irresponsible to throw the intelligence under the bus. that is one of the first things this administration has done. every time with every scandal there is a red herring, or hallucination and it's a video. now it's petraeus's fault. it's always a red herring. >> bob: i don't know how to responsible this. let's assume for a moment you don't have the option of sending people off to secret thug prisons as we did during iraq. you don't have the option of gitmo. the only option is federal courts. >> greg: they can stay at my

place. >> bob: it's too crowded at your place. >> why not? >> that is what it is there for! >> i want to go back when you said, where is president obama. this is the big issue. she like the guy that comes to dinner at the restaurant and when it's time for the bill, he hits the bathroom. he is only here to reap the good stuff and when bad stuff happens nowhere to be seen. >> greta: howard dean last night called, what we're doing, shining a light on benghazi, he called it a laughable joke. and maybe we get to it tomorrow. prior head of the dnc calling benghazi a laughable joke jodi arias begs the jury for her

life. you will hear her plea coming up. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ ♪ ♪ ♪ >> andrea: a bill to overhaul our nation's immigration system passed the first big test after they decided to send through the full senate. its path to citizenship to 11 million illegals and is set to hit the floor in june. dana, i think the senate but the house, there is no way this bill is going to pass the house. this looks like it's going to be a long slog, this immigration

bill. >> dana: i admire the gang of eight because they have stuck together. despite some heavy politicking on both sides and pulling in different directions. i don't know what blood oath they made. they have hung together. some disappointment on the length for the hai had i amendment for transgender amendment that would have allowed those types of relations to be recognized. disappointment on the right, but when you have bill krystol say i don't think this is going to work, i think it gets harder. mitch mcconnell says he is not going to block it. they will have a chance to have a vote. one of biggest gatherings on the mall for the push for the brains of the world, if they want to come to work in america. i think if anything passes in the house it will be broken up and in piecemeal. it will be too much for the country to swallow to do the

comprehensive bill. >> andrea: and bill krystol said marco rubio should walk away but he hung in committee. what do you think? >> eric: i think some of the conservative, and some friends of mine, it's amnesty for law breakers. 11 million people will eventually get citizenship, maybe a vote, likely a vote. what is the point? you will have the borders flooded? until you shut down the flow of illegals coming into this country you can't have this discussion. i'm not sure why they are doing it. how about making this -- making it easier to become an illegal immigrant. make it easier but make it legal too. >> andrea: a lot of people the cost is staggering. and it doesn't account for the money they pay in taxes.

i believe you love this bill because you have house boys that are waiting. are you in favor of this bill? >> greg: here is my suggestion for the bill. do nothing. it's time to gunned government for a year. time out for a year as punishment for all the horrible things they have done, we don't want another obamacare. we don't want another irs or benghazi. let's send government to their room, no tv, no dinner, all they get is bare necessities, natural disasters and defense and let it catch up to your incompetence. americans would say, stop! no more government crap for a year. this is your punishment. >> andrea: what do you think? >> bob: i don't know where to begin. the whole left wing is always accused and whole left wing -- let me put it this way. this bill probably won't go in because of a whole bunch of

right wingers in the house that have no sense what they are trying to do. the fact is fewer immigrants are coming over because of other things. >> eric: that is not true, bob. >> bob: it is true. the obama has has sent back 465,000 on average every year. >> eric: that part may be true but when you say fewer immigrants cross the border, they are flooding, they are flooding. >> bob: that is ridiculous. >> andrea: bob, you were right if you made that statement about a year ago because the economy wasn't good. now talk of immigration bill, eric is right, they are pouring over the border. >> bob: and you will the border security we've got, it doesn't work, right? >> eric: no why would it work you have 1800 miles, you secure 800 miles. you have thousand miles.

honestly if you make it easier to gain legal citizenship, then you don't have to worry about the border as much. we got to go. >> bob: i wanted to know big employer that broken law because of illegal immigrants. i don't know. >> andrea: something tells me we will be debating a lot. breaking news out of london where the prime minister says a terror attack has likely just taken place. bob has information on that, up next. (horn blowing)

coming! mom, come on. mom! because we know that this is the season that inspires. (sigh) from dressers to duvets, it's time to refresh with ikea.

>>. >> fox news alert. parents you may want to change the channel, if you got kids in the room. there has been a brutal murder on the streets of london. a british soldier may have been beheaded. authorities are saying it's likely a terror attack. two armed suspects have been shot by police. one of them was caught on camera and delivered a statement with a machete in his hand. what you are about to see is very disturbing. >> an eye for an eye and tooth for tooth.

in our land -- you people will never be safe. the government don't care about you. >> bob: after that the man was later shot by police but not killed. here is david cameron today. >> i have been briefed by my own secretary about this sickening attack. police are urging to seek the full facts but there are strong indications that it is a terrorist incident. >> bob: eric, what do you think that led up to this? >> eric: greg pointed this out that david cameron immediately called it terror. i believe, didn't we here he yelled allah akbar at some point after he almost beheaded 9 police officer. they called it terrorism right away. >> dana: this is an attack on british military member. workplace violence in the united states what happened in texas there was a terrorist attack on

our military. that is one of the things they try to do in the britain the military was individualsed not to walk around in their uniforms but to dress in civilian clothes so they wouldn't incite any violence or terrorist attacks. i hope they oh blit rate the neighborhood there and let them know this will not stand. stand. the british military is out there fighting for them. this is so warped. sick. we are at war with some of these extreme elements of islam. there's no doubt in my mind. >> all right. greg? >> you know, it's just disgusting. i never want to see these people, these terrorists. i hate it when they're on film. i wish we wouldn't have to look at them. i just wish they would be killed. that's all i have to say. >> you're probably right. andrea? >> there's enough evidence to see it was a terrorist attack. he says "we must fight them as

they fight us." who is us? what is he fighting for? if there's any doubt that this radical islam needs aye their head examined. >> london has an extraordinary high percentage of muslims that they allowed in. >> a lot of countries in europe do. >> yeah, but declines particularly packed with -- but london is particularly packed. i think thisorist attack. >> when i lived in france, and they have a similar problem as england, and so does germany.

>> how do you know about france? >> i studied there for a year. these countries asked them to come to the country to work. they had an employment problem. they immigrated to these countries, and now you have the younger generation that are more radical than their parents. they have big problems on their hands because of immigration. >> a little observation about that video. can you imagine being the guy holding the camera? can you imagine that? a machete, bloody hands. >> i'd be scared to death. >> all right. one more thing is up next. ♪

♪ >> time for one more thing. greg? >> i can't believe i'm throwing to a sound on tape of jodi arias trying to defend her -- saving her life. here we go. >> to me life in prison would be

the most unappealing outcome i could possibly think of. i thought i'd rather die. as i stand here now, i can't in good conscience ask you to sentence me to death. >> it's like she's arguing on behalf of somebody else, like i'll be brave and tell you, please don't kill me. you can't do that. >> it's a continuous mind screwing up. what are you talking about? she wants it, she doesn't want it. i'd rather die than see her again. i'm going to go next. i have a happy story. former white house press secretary mike mccurry graduated over the weekend from wesleyan. here's an interview with him. >> i wanted to take courses at the seminary. first and frankly, intellectual

curiosity, but i felt god was putting on me a challenge to see if i could do something about this broken world of politics, to do something to create more civil discourse in this country. >> that's one of washington's greatest guys, right there, mike mccurry. >> sure is. >> all right, eric? >> a happy story, too. happy birthday to one of the guys i'm fairly tough on once in a while. take a look at the poll screen. there you go, jay carney, 48 years old. jay, happy birthday. i got you a couple of birthday presents. clearly you've had a tough few months. probably leaving the job soon. i got you some antidepressants -- >> you don't know that. >> hold on. antidepressants and -- >> he said he's had the best week. >> pepto-bismol and a card for columbia university. >> all right. bob? >> jay, can i borrow those?

thank you. here's some other good news that we didn't get a chance to report to, because there's been so many bad stories around, but the economy added 165,000 jobs in april, dropping the unemployment rate to 7.5%. it was expected to be 135,000. here's the big news. the revision of the february jobs has revised, along with march. millions, millions of new jobs have been created in the united states since the stimulus money was sent out of the government. >> and tune to find out why that's wrong. just kidding, bob. i love you. >> andrea? >> i don't have one more thing. >> we have 40 seconds for you. >> okay. remember the tsarnaev brothers were getting government benefits before the fact. now the fort hood shooter is getting almost $300,000 of your taxpayer money. a lot of white house tours.

it's a lot of stuff. it's ridiculous. he's on my kill list now, by the way. >> we'll see you welcome to "red eye." it is like full house if by full house you mean men's room discal. now to andy levy for a pre game report. what's coming up on tonight's show, old sport? >> an irs official refuses to provide information to congress much like how we can refuse to provide information to the irs. oh wait. and subway cars for singles? the shocking story that thankfully is happening somewhere in europe. and anthony wiener making it uh official that he is running for mayor of new york. a pun free discussion ahead. good luck. >> i think we will be okay. >> remember